Phoenix Radio Show Questions and Answers

Penny Manock took part in a question and answer session regarding the changes to Legal Aid Funding which come into force on 1st April 2013.  This aired live on Phoenix Radio on Tuesday 18th March 2013.  Here are details of the questions she answered. 

Question 1 : What effect will the change to legal aid funding have on people looking for legal advice if you are looking to divorce?

Answer 1 : From 1st April 2013 legal aid funding will no longer be available to the great majority of people seeking legal advice for divorce financial issues or contact and residence in respect of children.

Question 2 : What family law services will be available with legal aid funding after 1st April 2013?

Answer 2 : The new act of parliament "The Legal Aid Sentencing and Punishment of Offenders Act" will limit the availability of funding to those cases involving issues of child protection or where an individual is able to produce evidence of domestic abuse within their relationship. So for domestic violence injunctions, child abduction, representation of children in private family cases, forced marriage protection orders and legal advice in and support of mediation. Individuals will only be able to get legal aid for divorce, contact and to resolve finances where there has been domestic violence in a relationship. It goes further than this in that there are needs to have been proceedings before a court or a police caution in relation to the violence.

Question 3 : What will this mean for couples going through a divorce?

Answer 3 : There won't be any legal aid for things such as funding your lawyer to argue about your children, claiming your share of the family home or other assets such as pensions, seeking maintenance or handling divorce. So for couples unable to resolve issues through mediation they are left with no alternative other than Court, and they will need to fund their own legal action or do it themselves.

Question 4 : What is mediation?

Answer 4 : Mediation is a forward thinking cost effective method of resolving legal disputes and an alternative to stressful court proceedings. Parties are set their own agenda and with the help of a mediator find their own solutions for such problems as arrangements for children, division of family assets on separation and making arrangements for future financial provisions, jointly determining what goes on court papers such as a divorce petition.

Question 5 : Will legal aid be available?

Answer 5 : Yes subject to an assessment of means legal funding will still be available for people, both for the mediation process itself and also for them to obtain individual legal advice on what is discussed at the mediation session.

Question 6 : How can mediation help people?

Answer 6 : Mediation offers parties the chance to meet and discuss matters that are important. The mediator doesn't make decisions nor do they take sides, they can however given legal information about legal processes to help people resolve problems in a way that both parties think is fair.